CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ
1. Charged with violation of the Election Law, R.A. 6646, for tampering the election canvass that increased and decreased the votes received by the candidates, Pedro invoked lack of malice or criminal intent. The Court may find Pedro? a. guilty because the crime involves the will of the people; b. not guilty because the crime is inherently wrong; c. guilty because mere violation is already a crime; d. not guilty because he has no wrongful motive that would show lack of intent. 2. A and B while walking together, A handed a plastic sachet to B. B was about to place the sachet into his pocket when a policeman approached and took the plastic sachet that contained shabu. If B was unaware that what was inside the sachet given to him was shabu, what is his liability? a. guilty because mere possession of drugs is punishable; b. not guilty because he has no criminal intent; c. guilty because of his failure to ascertain the contents contents of the sachet; d. not guilty due to absence of voluntariness. 3. X, an American citizen questions the jurisdiction jurisdiction of the Court over his person because of his nationality. The Court must sustain jurisdiction because of: a. general application of penal statute; b. territoriality as the crime was committed in the Philippines; Philippines; c. absence of any treaty stipulation; d. the crime is not against the security of the sovereign USA. 4. X contracted a second marriage in Hong Kong and was prosecuted for bigamy in the Philippines. May the court acquire jurisdiction? a. No, because the marriage was solemnized by a foreign minister. b. Yes, because a marriage contract abroad is valid and recognized in the Philippines. c. Yes, because the crime involves civil status of a person that is governed by his nationality. d. No, because the crime is committed outside the territory of the Philippines. 5. Pedro and Juan were charg ed with violation of a penal statute that is vaguely worded and failed to provide a fair notice of what conduct is to be avoided. On ground of due process, they challenged the validity of the law on its face as void for its vagueness. The Court should: a. deny the challenge because the void for vagueness doctrine does not apply to penal statutes; b. dismiss the challenge because a facial invalidation of criminal statutes is not appropriate; c. allow the challenge because Pedro and Juan are prejudiced; d. allow the challenge to clarify the penal statute for the guidance of the public.
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ
6. A felony is an act or omission committed: a. with criminal intent; b. with malice; c. with or without criminal intent; d. in violation of a penal statute. 7. Mistake of fact excuses the actor from liability because he acted without: a. sufficient knowledge of the circumstances; b. intention to commit the crime; c. fault or negligence; d. discernment of the consequences. 8. One night, husband and wife had an argument that scandalized their neighbors. To avoid further commotion, husband brandished a knife to pacify his wife, but then the wife grabbed the knife. When they grappled for the possession of the knife, the wife was seriously injured. What is the liability of the husband? a. not guilty because of accident; b. guilty because he was negligent; c. not guilty because he did not intend to commit so grave a wrong; d. guilty because the injury was a logical consequence. 9. When a person kills someone whom he did not intend to kill, he is still liable because of: a. praeter intentionem; b. aberatio Ictus; c. error in personae; d. he is the proximate cause of the effect. 10. Reckless imprudence under Article 365 is defined and penalized: a. as an act lacking of care or foresight; b. as a mental attitude behind the recklessness; c. as a felony determined by the resulting crime; d. as a quasi crime dependent on the lack of intent. 11. Believing that the victim was inside his car, the accused fired his armalite hitting the car with several bullets. It turned out, nobody was inside the car. The accused is liable for: a. impossible crime due to physical impossibility; b. impossible crime due to factual impossibility; c. malicious mischief because the car was destroyed; d. attempted murder. 12. Frustrated felony and attempted felony are distinguished by: Page 2 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ a. the extent of the acts of execution; b. the overt acts of the offender; c. the intent and belief of the accused; d. the elements of the crime. 13. Conspiracy and proposal to commit a crime are punishable when: a. The law prescribes a penalty b. It involves treason or rebellion c. It relates to a crime actually committed d. When it is against the political and economic security of the state 14. When there is conspiracy, all the offenders are liable for each act. A conspirator, however, is not liable for another’s crime when it is not: a. The object of the conspiracy b. The necessary and logical consequence c. Agreed upon by the conspirators d. Known by the other conspirators 15. Reiteracion or habituality is aggravating when: a. there is a previous final conviction; b. the accused had committed a felony while serving sentence; c. the accused committed a previous crime to which the law attaches an equal or greater penalty; d. the accused had committed a crime after serving sentence. 16. X, City Treasurer, received P100,000.00 business taxes from Molave Corporation. He issued the corresponding official receipt to the taxpayer, but he falsified the duplicate and triplicate copies of the receipt by making it appear that only P10,000.00 was paid. He appropriated the remaining P90,000.00. He committed the crime of: a. Complex crime of malversation through falsification b. Malversation c. Falsification. d. Malversation and Falsification. 17. When A arrived home, he found B raping his nine (9) year old daughter. Upon seeing A, B ran away. A took his gun and shot B, killing him. Charged with homicide, A claims defense of a relative. The Court correctly found A guilty because: a. the rape was already consummated when A shot B; b. B already ran away from A at the time of the shooting; Page 3 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ c. defense of a relative does not include the latter's honor; d. A could have employed a lesser means to repel the attack. 18. The distinction between entrapment and instigation lies on the: a. manner of the transaction; b. origin of the criminal intent; c. motive of the law enforcers; d. method of apprehension. 19. Evident premeditation may be appreciated by the Court when there is proof that: a. there was lapse of time from resolution to the execution of the crime; b. he planned the commission of the crime; c. the accused clung to his determination after his plan; d. the crime is preempted by cool thought and reflection. 20. A septuagenarian congressman was robbed and killed on the occasion of the robbery. The aggravating circumstance of rank and age is: a. present because of lack of respect due the offended party; b. absent because the crime is robbery with homicide; c. present because the victim was killed; d. absent because the crime is not motivated by ill will and the killing was incidental. 21. Prosecution evidence showed that the three (3) accused were chasing the victims. And, when they caught up with him, the three (3) accused simultaneously kicked and boxed the victim who was totally defenseless and finally stabbed by one of the accused. The aggravating circumstance of treachery is : a. present because the victim was not afforded any opportunity to defend himself; b. absent because it was not employed at the commencement of the attack; c. present because it was purposely adopted by the accused; d. absent because the victim is forewarned that there are three (3) accused chasing him. 22. Voluntary surrender is mitigating when made: a. before the arrest; b. prior to the issuance of warrant of arrest; c. spontaneously; d. specifically for the crime committed. 23. Pedro, a security guard, shot his enemy Y using the licensed firearm entrusted to him by the Security Agency. The homicide is aggravated by the use of unlicensed firearms? a. No, because the firearm is licensed.
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ b. Yes, because of unauthorized use of the firearm in the commission of a crime. c. No, because the firearm is owned by the Security Agency. d. Yes, because Y is aware that he is not the owner of the firearm. 24. X killed Y and voluntarily surrendered. He was charged with murder qualified by the use of unlicensed firearm. The Court may convict X of: a. Murder with the mitigating circumstance of voluntary surrender. b. Homicide with the aggravating circumstance of unlicensed firearm. c. Homicide offsetting the circumstances of voluntary surrender with unlicensed firearm. d. Aggravated illegal possession of firearm. 25. X, 16 years old, was convicted of drug pushing under Sec. 5 of RA 9165, the prescribed penalty of which is life imprisonment to death. The Court may impose the penalty of: a. Life imprisonment b. Reclusion Perpetua c. Reclusion Temporal d. Life Imprisonment without the benefit of parole. 26. May X, as stated above, be entitled to probation? a. Yes, for the best interest of the minor. b. Yes, because of the privileged mitigating circumstance. c. No, because the penalty is above six (6) years. d. No, because X was selling drugs. 27. Any person contesting the age of a child in conflict with the law pending litigation in court must: a. file a summary proceeding for the determination of age before the family court; b. question before the prosecutor's office the age of the accused; c. file a motion to determine age in the same court where the case is pending; d. show the child's birth certificate to the court. 28. Jill had, for several years, endured the violence of her husband, Jack. One night, Jack was drunk and hit Jill heavily with a club. When Jack went to sleep that evening, Jill with a knife stabbed Jack to death. Charged wit h parricide, Jill raised the defense of “battered woman syndrome”. Jill is liable because: a. she killed the victim while sleeping; b. Jill failed to prove that there was tension, and acute violence that is followed by tranquility; c. the syndrome is similar to self defense and Jill failed to prove its elements. d. the occurrence of violence as well as its gravity were not duly proven. Page 5 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ
29. A 17 year old minor was convicted of violation of a special law, the prescribed penalty is 6 years and 1 day to 12 years. What indeterminate penalty may the Court impose? a. 6 years to 8 years; b. 4 years to 8 years; c. 8 months to 4 years; d. 8 years to 10 years. 30. For one to be discharge from probation under P.D. 968, he must comply with all the conditions: a. during the term of the probation fixed by the Court; b. for a period not exceeding the maximum fixed by law; c. until the time that there is a Court order; d. until his rehabilitation from conviction. 31. X, a 16 years old boy committed illegal possession of firearm. If he voluntarily admits the crime during the conciliation, he may be treated for: a. Diversion b. Intervention c. Suspension of Sentence d. Probation 32. Pending trial for homicide, Pedro jumped bail and went to the USA. Thus, he was convicted and sentenced to suffer a penalty of reclusion temporal. After 30 years,
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ
Pedro, who is now a successful businessman, returned to the Philippines. Pedro was arrested for his conviction of homicide but his lawyer insists that there was already prescription of crime and/or penalty. a. Yes, prescription of crime barred his liability. b. Yes, prescription of penalty has set in. c. No prescription of penalty because he has not served sentence. d. No prescription of crime because he was out of the country. Part II
1. A person maybe convicted of treason on any of the following evidence: a. by interlocking circumstantial evidence tending to prove the overt act b. extrajudicial confession of the eyewitnesses c. uniform testimonies of witnesses on the overt act of the accused d. extrajudicial confession of the accused 2. X, a passenger of WGA, an inter-island vessel, while travelling from Manila to Cebu, robbed and killed Y, another passenger. X committed: a. robbery with homicide b. qualified piracy under the revised penal code c. qualified piracy under PD 532 d. piracy and murder 3. Any public officer who detains a person is liable for arbitrary detention when the detention is without: a. probable cause b. legal grounds c. warrant of arrest d. court order 4. A policeman who enters a dwelling house commits violation of domicile when: a. the entrance is without the consent of the owners b. the entrance is against the will of the owner c. a surreptitious entry is effected d. there is no authority by judicial order 5. Sedition is committed by persons who rise publicly and tumultuously to attain by force and intimidation the following object. a. to overthrow the government b. to prevent the legislature from exercising their powers c. to deprive the chief executive of any of his powers Page 7 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ d. to diminish state power 6. During a tumultuous public uprising against the enforcement of RA 9372 the Human Security Act; X, a participant of the uprising was caught in possession of an unlicensed firearm. He was charged with illegal possession under RA 8294. a. X is not liable because there is another crime committed b. X is liable because he was caught in flagranti c. X is liable because the crime is mala prohibitum d. X is not liable because he committed sedition 7. In the event of an actual or imminent terrorist attack, suspects who are apprehended for violation of the Human Security Act may be detained for: a. 3 days provided there was prior surveillance and examination of bank deposits. b. 36 hours as provided by the Rules of Court in relation to the Revised Penal Code. c. Indefinitely upon approval of the Human Rights Commission, judge or justice of the appellate court. d. Within a reasonable period to file the appropriate charges. 8. Forgery is committed by: a. Giving a document a genuine appearance. b. Imitating the signature of an authorized person. c. Giving a document an appearance that it is a certified true copy. d. Making it appear that a person has participated in an act or proceeding. 9. Perjury is committed by any person who makes a false written declaration involving a material matter a. Whether or not the document is required by law b. Which is required by law to be under oath c. In an affidavit which is under oath d. For legal purposes 10. Mara executed an affidavit of merit, required in her petition for relief, declaring that the allegations of the petition are true based upon her knowledge, information and belief. Considering that there are false statements in the petition, may Mara be held liable for perjury? a. Yes, because an affidavit of merit is under oath. b. Yes, because the affidavit is required by law. c. No, because the declaration is not willful or deliberate.
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ d. No, because the affidavit was prepared by the counsel. 11. Y offered to sell X shabu but X, who is an undercover policeman, immediately arrested Y and confiscated the shabu. Y was charged for attempted sale of drugs under RA 9165. a. there is no attempted violation of special law b. Y is only liable for possession of drugs c. liable for attempted violation, but the penalty is two degrees lower d. liable for attempted but the penalty is for a consummated violation 12. Direct bribery involving the performance of duty that constitute a crime in consideration of a gift is consummated. a. Upon agreement b. Upon receipt of the gift c. Upon performance of the function d. In the moment there is an offer 13. Bribery is distinguished from robbery in that: a. Bribery is committed by public officers and that robbery by private individuals. b. Robbery is characterized by force and intimidation unlike bribery which is somewhat voluntary. c. In bribery, the victim committed a crime; but, in robbery the victim is innocent. d. Bribery is always consummated, whereas robbery may also be attempted. 14. Sheriff was in the house of a judgment debtor to execute a judgment. He seized several properties like television, refrigerator, stereo, sala set and computers. As he cannot transport all the properties that were seized, he entrusted some of them to the neighbor mean time that he will be taking the other properties to the court. When he returned to get the properties entrusted to the neighbor, the latter absconded with the television and the computers. What crime was committed? a. qualified theft b. estafa c. malversation d. infidelity 15. Any person charged with violation of RA 3019 may also be convicted of violation of the Revised Penal Code for the same act or omission. a. No because of double jeopardy. b. No because there is only one act committed. c. Yes because it is allowed under the law. Page 9 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ d. Yes because a single act may be the basis of two different offenses. 16. In causing any undue injury to any party including the government under Sec. 3 (e) of RA 3019, the Anti-Graft and Corrupt Practices Act, it is necessary that: a. there is an actual material injury b. there was purpose to cause damages c. there was an intent to cause injury d. there is an overt act to cause an injury 17. Plunder involves amassing the aggregate amount of 50 million pesos involving: a. ill-gotten wealth b. unlawfully acquired properties c. behest loan d. conversion, misuse or malversation of public funds 18. Tom and Cathy are common law spouses who begot a child, George. Frank, the father of Cathy disliked the relationship of Tom and Cathy. Hence, Frank killed his grandson George when the latter was three days old. Frank committed: a. homicide b. murder c. parricide d. infanticide 19. Jerry pointed his gun at Manny to scare him. When someone shouted, it caused him to press the trigger of the gun and it fired. Manny was seriously wounded. Jerry is liable for: a. attempted homicide with illegal discharge of firearm b. serious physical injuries with illegal discharge of firearm c. serious physical injuries and illegal discharge of firearm d. frustrated homicide with illegal discharge of firearm 20. Pedro violated the Anti-Child Pornography Act when he crafted an image that portrayed a child: a. performing sexual activities b. engaged in violent activities c. portrayed in an embarrassing and humiliating condition Page 10 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ d. exploited and coerced to work 21. Possession of any form of child pornography article is a violation of the Anti-Child Pornography Act of 2009 when committed: a. with intent to sell b. with an intent to produce or manufacture c. with an intent to publish or broadcast the article d. already constitutes a crime 22. Hazing or initiation rites are prohibited but may be allowed when there is: a. prior written notice to the school authorities b. prior consent from the school authorities c. an undertaking to prevent physical violence d. a purpose to enhance the physical, mental and psychological fitness of members 23. A group of soldiers abducted two suspected NPA members who were taken to Lucban where they were promptly shot and killed. The soldiers committed: a. Kidnapping with murder b. Kidnapping and murder c. Arbitrary detention with murder d. Murder 24. Grave coercion is committed when: a. A public officer prevents a meeting by means of violence or threats. b. A person prohibits another to do an act which is wrong with violence or intimidation. c. The offended party is compelled to do something which is wrong with force and intimidation. d. Violence is employed to seize anything belonging to the debtor of the offender. 25. Nora suspected his houseboy of stealing her jewelry. She locked the houseboy in her room. After which she called her driver and they brought the houseboy to the municipal hall for proper action. What is Nora's liability? a. Unlawful arrest. b. Arbitrary detention.
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ
c. Illegal detention. d. Unjust vexation. 26. X, Y and Z have a conversation. Z without the knowledge of X and Y, recorded the conversation. Did Z committed violation of RA 4200, the Wiretapping Law? a. No, because Z was party to the conversation. b. No, because Z did not reveal the contents of the recording.. c. Yes, because the recording was not authorized by all the parties. d. Yes, because mere act of recording is a crime. 27. Juan recruited several employees to work as domestic helpers in Japan, but the recruits were made to render involuntary servitude in addition to their job. What crime, if any, was committed? a. illegal recruitment b. trafficking in persons c. estafa d. violation of overtime pay 28. Where the original design of the offenders was to commit robbery, but murder qualified by treachery and rape preceded the taking of the property, the crime committed is: a. Robbery, murder and rape. b. Robbery with homicide, and treachery as an aggravating circumstance. c. Robbery with homicide, and rape as an aggravating circumstance. d. Robbery with murder, and rape as an aggravating circumstance. 29. Giordano received a ring to sell with the condition to return the same if not sold within 5 days. Giordano pledged the ring. What crime was committed? a. Estafa because there was juridical possession b. Theft since Giordano had only material possession. c. Only civil liability because there was no conversion. d. No crime because of absence of demand. 30. Peter secured a loan from Maria and executed a falsified deed of mortgage to secure payment. When the loan matured, Peter paid his indebtedness to Maria. What crime if any did Peter commit? a. Estafa through falsification b. Falsification c. Estafa d. None because there was no damage. 31. To prosecute a person in possession of a certain property for the crime of fencing, the prosecution must prove that the offender: Page 12 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ a. Knows that the property is the proceeds of theft or robbery. b. Is not the thief/robber himself. c. Is in possession with intent to gain. d. Is not an accessory. 32. There is a violation of B.P. 22 by the drawer who issues a bouncing check when: a. He knows that he has an insufficient funds at the time of issue.
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ
b. The payee presented the check within ninety (90) days from the date of the check. c. There is notice of dishonor. d. There is no payment within five (5) days from notice of dishonor. 33. Pedro boarded the Honda Civic of Maria and forcibly directed her to drive going to Cavite, where Maria was raped and killed. The car was pieced and sold as spare parts. The crime committed was: a. arnapping with homicide b. carnapping with rape c. carnapping, homicide and rape d. carnapping with homicide aggravated by rape 34. In adultery, there are as many counts of crime committed as there are number of: a. Sexual intercourse. b. Circumstances of carnal knowledge. c. Proof of cohabitation. d. Scandalous occasions. 35. Under the present jurisprudence, where more than one person committed forcible abduction and several rapes, what is/are the crime/s committed? a. Continued crime of forcible abduction with rape b. Forcible Abduction with rape and rape as many as there are offenders. c. Forcible Abduction with rape as many counts as there are offenders. d. Rape as many as the offenders because abduction is absorbed. 36. X seduced Y, a minor. He was prosecuted for seduction. After pleading forgiveness, Y pardoned X. What is the effect of the pardon? a. Both civil and criminal liability are extinguished. b. Criminal liability subsists. c. Civil liability subsists. d. Civil and criminal liability subsists. 37. X and Y gave their consent to Pedro who videotaped their sexual activity. Pedro reproduced the video footage. Did Pedro commit violation of the Anti-Photo and Video Voyeurism Act of 2009? a. No because there was consent of X and Y to a video coverage b. Yes because the reproduction is without their consent c. No because the footages were entrusted to Pedro Page 14 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ d. Yes because Pedro intends to profit from his reproduction 38. Child abuse is committed when the act of sexual intercourse or lascivious conduct is committed against: a. any child below 18 years old b. any child exploited in prostitution or subjected to other sexual abuse c. any child who does not give consent d. any child with or without consent
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ
39. The act of demanding or requesting any sexual favor is a violation of the Anti-Sexual Harassment Act when the harassment is: a. committed by a teacher or employer b. work, education or training-related c. against the consent of the victim d. intended for students or employees 40. In one of his article, published in Manila Times, Jomar denounced Mr. Ted Failon, a popular radio commentator, alleging that he dignifies or attacks public officials in consideration of money. Is Jomar liable for libel? a. No, provided Jomar prove the truth. b. Yes, because there is a presumption of malice c. No, because Ted Failon is a public figure. d. Yes, because the allegation is false. 41. Jose was cleaning his gun which he forgot to check the load. In the process, when he squeezed the trigger, it fired hitting his son who died as a consequence. Jose is liable for: a. illegal discharge of firearms with parricide b. illegal discharge of firearms and homicide c. reckless imprudence with parricide d. reckless imprudence resulting in parricide
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CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ ANSWER KEY:
Part I 1. B 2. D 3. A 4. D 5. C 6. C 7. B 8. D 9. D 10. B 11. C 12. A 13. A 14. B 15. D 16. D 17. B 18. B 19. D 20. B 21. B 22. C 23. B 24. B 25. C 26. D 27. C 28. B 29. D 30. C 31. A 32. C Part II 1. C 2. C 3. B 4. B 5. B 6. D Page 17 of 18
CRIMINAL LAW MCQ’S UNIVERSITY OF THE CORDILLERAS; BAR OPERATIONS 2011
Prepared by: JUSTICE MARIO V. LOPEZ 7. C 8. A 9. B 10. C 11. D 12. A 13. B 14. C 15. D 16. A 17. A 18. B 19. B 20. A 21. D 22. A 23. D 24. C 25. A 26. C 27. B 28. B 29. A 30. B 31. A 32. A 33. A 34. B 35. B 36. D 37. B 38. B 39. B 40. C 41. D END
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